EPLI provides a defense against
employment violations committed
by employers and/or their employees,
including sexual harassment,
discrimination and wrongful
termination.

“It’s important for employers to
know that EPLI is one: available; two:
affordable; and three: a policy costs less
than a legal defense,” said Victoria Stone,
senior vice president, Poms & Associates.

“Irrespective of the validity of an
allegation, it behooves employers to
have a policy to provide for a defense, as
well as a judgment,” Stone said. Client
attitudes vary, but overall, they are
begrudgingly receptive to such a policy.

“Some employers do resent havingto pay for this type of policy,” Stonesaid. “My clients aspire to do thebest they can. They are good peopleand good to their employees. But Irecommend that they have EPLI,because these cases can be expensiveto defend, even if you’ve got excellentdocumentation.”Of course, having EPLI is notenough. Employers must work to createa culture where sexual harassment — ordiscrimination of any kind — is notacceptable. This includes providingtraining and education to employees,creating policies regarding behavior andreporting and making sure victims orwitnesses know it’s safe to speak up.

As movements against sexualharassment gain momentum, somequestion whether EPLI negatescorporate America’s motivation tochange the culture that breeds abuse.Stone however, doesn’t consider that anissue. “It’s great to have insurance, butyou don’t want to use it,” she said. “Wewant to help employers develop practicesthat prevent claims from arising; the goalThat prevention mindset is shared byMarie-France Gelot, SVP, insurance andclaims counsel, Lockton Northeast, whobelieves a cultural shift is what’s needed.“There needs to be a full overhaul ofcorporate culture,” she said. “This issuemust be on the agenda of every corporateboard. It starts at the top, at the boardlevel and within the C-suite. Then legal,human resources and risk managementmust all be on board,” she added.

Calling for strong leadership and
substance over form, Gelot said that the
time for harassment-free workplaces
has come, and those who do not act will
damage their brands, reputations and
ability to attract good talent.

“It’s time for the #We Too movement,”
she said. “I call it that because ‘we’ in
corporate America must stand up and say,
‘We do not condone sexual harassment,’ ”
she said. “Companies must truly commit
to change; they must put their money
where their mouth is and create a zero-tolerance culture,” she added. “We must
take away the fear and stigma.” &

READYING FOR ROWDY FANS BY KATIE DWYER

Major sporting events pose many property and safety risksto local businesses.

Prior to the nfc Championship game in Philadelphia, the city’s police department issued guidelines for local shops, advising
owners to keep any gates locked if they
were to be closed at game time and
remove any unsecured outdoor items
like trash cans, signs and flowerpots.

But that city is no stranger to
exuberant — and destructive — fan
celebrations. Stories of fans flipping
cars, smashing windows and setting
fires after a win or loss provide
cautionary tales for storefronts near
major events. Lack of experience
exposes businesses to being
underprepared and possibly under-insured.

“Any major event has two distinctfootprints — inside the venue andoutside the venue,” said MichaelGreear, director of risk control, AonRisk Services. “The NFL has stringentsecurity in place at all their stadiums,but the surrounding neighborhoodsButtering streetlamps may not benecessary everywhere, but there areincidents of property damage or injurieson a property. They can also help toestablish liability if a dispute arises overwhere exactly an incident occurred.Like security guards, visible camerasalso deter criminal activity.Implement incidentdocumentation and reportingprocedures. “You have to be able torecord what happened if you want tomake a claim,” Greear said. “For manybusiness owners, documenting anincident might just mean calling thepolice. But when you have an event likethe Super Bowl, the police will probablybe busy. You need a procedure tocapture all the details.”In addition to cameras, that procedurecould include incident report formsto document the time of the incident,how it happened and exactly whatdamage resulted. It’s also imperative tocheck insurance policies for reportingrequirements. Many will stipulate filing aclaim within a specific time frame.Know your coverage. Propertypolicies can vary widely in their scopeand limits. “Business owners should calltheir broker and revisit their policies toconfirm what’s covered, what’s not andhow to file a claim,” Greear said. &steps businesses can take to mitigatedamage from a disorderly crowd:

Remove loose objects. Anything
not bolted to the ground or a wall
should be taken inside, including patio
tables and chairs, portable heat lamps,
signs, trash cans and decorations.

Add security. Hiring additionalsecurity for the day of the event can bea deterrent to potential troublemakers.

“People get caught up in the
crowd mentality,” Greear said. “A
normal citizen may never think to do
something destructive, but get them in
a crowd and they start doing strange
things. Having guards visible can check
some of that behavior.”